LAWS(HPH)-2019-12-151

RAMESH CHAND Vs. ANUJ KUMAR

Decided On December 18, 2019
RAMESH CHAND Appellant
V/S
ANUJ KUMAR Respondents

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for setting aside order dated 01.09.2017, passed by the learned Trial Court in Civil Suit No. 91/1 of 2012, vide which, the application filed by the petitioner No. 2 ?plaintiff for recalling the order vide which her right to lead evidence was closed as well as order dated 19.08.2017, vide which, evidence of the plaintiff before the learned Trial Court has been closed. 1Whether the reporters of the local papers may be allowed to see the Judgment?

(2.) It is not in dispute that as on the date when the evidence of the petitioners ?plaintiffs was closed by the learned Trial Court, reasonable opportunities stood granted to the plaintiffs for the said purpose, as has been fairly conceded by learned counsel for the petitioners. Mr. Tyagi, learned counsel for the petitioners has submitted that as the affidavit of the plaintiffs is already on record, which was submitted by way of evidence, interest of justice would be served in case the impugned order dated 01.09.2017 as well as order dated 19.08.2017, vide which, right of the plaintiffs to lead evidence was closed are recalled and an opportunity is granted to the petitioners ?plaintiffs to enter into the witness box so that they can be cross ?examined by the defendants before the learned Trial Court.

(3.) On the other hand, learned counsel for the respondents argued that there is no infirmity in the orders which have been passed by the learned Trial Court as it is a matter of record that despite several opportunities having been granted to the petitioners ? plaintiffs, they did not enter into the witness box for the purpose of cross ? examination.